SUBHASH CHAND DHRUPTA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Special leave granted.

(2.) The question arises is as to whether for the purpose of promotion to the post of assistant in the office of the Advocate general of Himachal Pradesh it is necessary for a candidate to have the minimum educational qualification of being a graduate.

(3.) It is not in dispute that the post of assistant is to be firstly filled only by promotion. The only question which arises for consideration in these appeals is the interpretation of Rule 7. Rule 7, which deals with the posts of Assistant, Stenographer and clerk, reads as follows: "no person shall be appointed to the service unless in case of appointment to the post if. " 7. (i) Assistant. He is a graduate of a recognised University or above, with knowledge, experience of accounts matters. Preference will be given to Law graduate with legal background. (ii) Stenographers. He has passed matriculation/higher Secondary (Part-I) examination and possesses a speed of 40 w. P. M. in type-writing and 100 W. P. M. in shorthand. (iii) Clerk He has passed Matriculation/ higher Secondary (Part-I) examination from a recognised University and possesses 35 W. P. M. speed in typewriting. Provided that the conditions as prescribed above may be relaxed by order of the appointing authority in case the person of requisite qualifications for appointment to class-III service are not available through the Employment exchange. "